Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1-2, 4, 7-15 objected to because of the following informalities:
Claims 7-15 objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim cannot depend from any other multiple dependent claims. See MPEP § 608.01(n). Accordingly, the claims have not been further treated on the merits.
Regarding claim 1, in lines 2-3 the phrase “the discharge grate (200) comprising” should be changed to “the discharge grate (200) comprising:”
Regarding claim 1, in lines 5-10 the phrase “the discharge grate (200) being CHARACTERISED IN THAT it further comprises at least one dynamic variable sieve opening (206) defined between two adjacent floating screen bars (202), said floating screen bars (202) being configured to a least temporarily move with respect to one another and/or with respect to a holding frame (201) receiving the floating screen bars (202)” should be changed to “wherein the discharge grate (200) further comprising: at least one dynamic variable sieve opening (206) defined between two adjacent floating screen bars (202), and a holding frame (201) ford receiving the floating screen bars (202), the floating screen bars (202) being configured to a least temporarily move with respect to one another and/or with respect to the holding frame (201)”.
Regarding claim 2, in lines 3-4 the phrase “the resilient member (213) comprising a material which is configured to elastically deform” should be changed to “the resilient member (213) comprising a material is configured to elastically deform”.
Regarding claim 4, in line 2 the phrase “wherein holding frame (201)” should be changed to “wherein the holding frame (201)”.
Regarding claim 4, in lines 3-4 the phrase “the receiving openings (214) being sized larger than the floating screening bars (202) and configured for receiving” should be changed to “each of the receiving openings (214) being sized to be larger than each of the floating screening bars (202), and each of the receiving openings (214) is configured to receive”.
Regarding claim 6, in line 2 the phrase “wherein the at least one dynamic variable sieve opening (206) is defined between a first cutout (202 d) of one of the floating screen bars (202) and a first cutout (214 d) of one of the receiving openings (214)” should be changed to “wherein the at least one dynamic variable sieve opening (206) is defined between the first cutout (202 d) of one of the floating screen bars (202) and the first cutout (214 d) of one of the receiving openings (214)”.
Regarding claim 11, in line 2 the phrase “a base (204) portion” should be changed to “a base portion (204)”.
Regarding claim 13, in lines 2-3 the phrase “a base (204) portion (204” should be changed to “a base portion (204)”.
Regarding claim 14, in lines 1-2 the phrase “A method of lining an internal discharge end (3) surface of a mill (1) suitable for comminuting ore” should be changed to “A method of securing the discharge grate to the internal discharge end (3) of the mill (1) suitable for comminuting ore”.
Regarding claim 14, in lines 1-2 the phrase “providing the discharge grate (200) described in any one of the preceding claims” should be changed to “providing the discharge grate (200) according to any one of the preceding claims”.
Since claim 15 recited in any one of the preceding claims, so claim 15 should be re-written as following:
A method of comminuting the ore comprising:
providing the mill (1) suitable for comminuting the ore, the mill (1) having the discharge grate (200) according to any one of the preceding claims, the discharge grate (200) provided to the internal discharge end (3) of the mill (1); the discharge grate (200) being secured to the mount (7) and extending over a discharge chute (8):
filling the mill (1) with media (4) and material to be pulverized;
operating the mill (1) by rotating a portion thereof containing the media (4) and material to be pulverized; and
allowing the at least one dynamic variable sieve opening (206) to expand to allow pulverized material (5) and/or undersized media or the media (4) to pass therethrough.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 14-15 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 9 recites the term " A method of lining an internal discharge end (3) surface " which was not described in the specification to reasonably convey to one skilled in the art that the inventor had possession of the claimed invention; the specification does not define and give any details regarding the steps of “lining”
Claim 15 is rejected because it depends from claim 14.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the inside" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-15 are rejected because they depend rom claim 1.
Regarding claim 4, in line 4 the phrase “a resilient member (213)” render the claim indefinite because it is unclear if “a resilient member (213)” is the same as or different from “a resilient member (213)” that recited in claim 2 which claim 4 depends from.
The term “large” in claim 12 is a relative term which renders the claim indefinite. The term “large” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 13, in lines 2-3 the phrase “a base (204) portion” render the claim indefinite because it is unclear if “a base (204) portion” is the same as or different from “a base (204) portion” that recited in claim 11 which claim 13 depends from.
Regarding claim 13, the phrase in line 3 “a lifter (203)” render the claim indefinite because it is unclear if “a lifter (203)” is the same as or different from “a lifter (203)” that recited in claim 8 which claim 13 depends from.
Regarding claim 14, in lines 1-8 the recitation of the claim renders the claim indefinite because: the preamble of the claim is drawn to “A method of lining an internal discharge end (3) surface and then the claim recites the steps of securing the discharged grate (200). Therefore, the claim is unclear and indefinite.
Regarding claim 14, in line the phrase “an internal discharge end (3) surface” renders the claim indefinite because it is unclear what is the different between “an internal discharge end (3) surface” and “an internal discharge end (3)” that recited in claim 1 which claim 14 depends from; it is unclear why both of an internal discharge end (3) surface” and “an internal discharge end (3)” having the reference number “3” if they are two different elements.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the closet prior art is Hunter (US20070012807A1), however in the opinion of the Examiner that the arts of record neither anticipates nor render obvious the limitation of “at least one dynamic variable sieve opening defined between two adjacent floating screen bars, said floating screen bars being configured to a least temporarily move with respect to one another and/or with respect to a holding frame receiving the floating screen bars” in combination with the other limitations of the claim.
Claims 2-15 are depended from claim 1.
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED S ALAWADI whose telephone number is (571)272-2224. The examiner can normally be reached 08:00 am- 05:00 pm.
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/MOHAMMED S. ALAWADI/ Primary Examiner, Art Unit 3725